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(영문) 대전지방법원 서산지원 2013.09.12 2013고단201
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On May 10, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court for the crime of violation of the Road Traffic Act. On November 30, 2007, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

On February 26, 2013, at around 20:17, the Defendant driven a D-wing d-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to the disqualifications of the main office, accident inquiry, and driver's license ledger;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include several times the Defendant had a record of being punished for drinking and driving without a license. In particular, even though the Defendant was sentenced to a sentence in 2007, he/she again committed the same offense even though he/she was sentenced to a sentence in 2007. Therefore, the sentence of a sentence is inevitable for such a violation of the law.

However, in consideration of the fact that the defendant is against the defendant, the punishment shall be determined as per the order.

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